Pennsylvania Ping!
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Posted on 11/23/2020 9:53:24 AM PST by truthkeeper
President Donald Trump’s campaign on Monday secured a legal win after the U.S. Third Circuit Court of Appeals granted an expedited review of their appeal from a Pennsylvania court, according to Trump campaign lawyer Jenna Ellis.
According to the order, Trump’s “motion for emergency expedited review is granted at the direction of the court.”
Their brief now needs to be filed by 4 p.m. on Monday, Nov. 23, and more have to be filed by 4 p.m. on Tuesday. “The court will advise if oral argument desired,” it said.
Pennsylvania’s 67 counties are scheduled to certify their election results by the end of Monday before sending them to state election officials...
(Excerpt) Read more at trulytimes.com ...
The entire matter needs to get to the Supreme Court ASAP.
Justice Samuel Alito is assigned to handle the Third Crcuit. The canvassers in Pennsylvania IGNORED his directive to separate the ballots that came AFTER the Legislated deadline of 8 PM November 3. I can’t help but wonder how they’re going to explain this obvious violation of election law to Alito...
I think the Trump team is focused on winning this election via legal and constitutional arguments, whereas Sidney Powell is focused on blowing up the whole election system and exposing the criminals involved. The Trump team doesn’t have time for Sidney’s case(s) to play out ( it will take a lot of time beyond December). But the evidence overlaps in both cases and nothing stops them from sharing it.
Certify results by the end of today?
Some are holding this up, I hope.
Dr Franklin has indicated that Alito as Circuit Judge can issue a stay pending an En Banc Review of the appeal.
We will know soon if he does it. No clue if he will. The State did defy his order about separating ballots ( I think but maybe not..I have seen claims they followed it)
Pennsylvania Ping!
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I don’t know how much of a win it is. There is no guarantee that the 3rd Circuit isn’t going to toss this suit as well. Usually if a lower court dismisses a suit with prejudice then the reasons for the dismissal will apply at the appeals level as well.
Good news. Time is of the essence!
Justice Alito has established a point in time to which the court can refer, to disqualify ALL counts past that moment in time ... the stoppage command issued to the PA election board. The stoppage effects WI, MI, PA, GA, and AZ. The court, if it seeks to remedy the suspicious ballots can cite that moment of the stoppage as the point beyond which NO COUNT will be qualified as legitimate.
I don’t know how much of a win it is. There is no guarantee that the 3rd Circuit isn’t going to toss this suit as well. Usually if a lower court dismisses a suit with prejudice then the reasons for the dismissal will apply at the appeals level as well.
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Look at it all as part of the procedure to get it to SCOTUS. That’s the endgame.
It’s a legal blog riddled with ranting biased Democrat bar losers. It’s partisan for pete’s sake.
How often has the Supreme Court taken up a case that was dismissed at all the lower levels in the appeal? This is not a instance where the district court last week found for the defense and against Trump. Where the appeals court would be expected to rule on whether that decision was correct. In this case the district court threw the matter out completely, dismissed with prejudice. So if the 3rd Circuit throws it out for the same reasons I just don't see the Supreme Court taking it up.
How often has the Supreme Court taken up a case that was dismissed at all the lower levels in the appeal? This is not a instance where the district court last week found for the defense and against Trump. Where the appeals court would be expected to rule on whether that decision was correct. In this case the district court threw the matter out completely, dismissed with prejudice. So if the 3rd Circuit throws it out for the same reasons I just don't see the Supreme Court taking it up.
They have 3 or 4 states I believe. Let’s see what happens in Georgia this week which is being sold as much stronger.
The other cases need to work their way through the system. I was referring to this Pennsylvania case only. Though if the other cases wind up being dismissed as well then the same question would apply there as well.
They're right that this was sloppy lawyering by Rudy. The trial judge did three separate things: (1) he dismissed the complaint, (2) he denied an injunction against certifying the vote, and (3) he denied Rudy's motion to file a new version of the Complaint. Rudy has asked for, and been granted, an immediate appeal only of issue number 3. That means that, even if he wins, all he gets is to go back to the trial judge and start over with a new complaint.
In other words, even if he wins this expedited appeal, there will still be no injunction against certifying the votes. Without even a pending request for an injunction, there is nothing Rudy can take up to SCOTUS.
Ellis put the dismissal in PN, which they apparently expected, down to an Obama appointed judge. I don’t know if that holds with the other cases but it won’t with the Supreme Court.
Dan Abrams - Sr Legal Consultant for ABC ‘News’ - is the founder/publisher of that site. Biased lefty garbage.
Well I suppose we'll see, won't we?
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